Daviess County - Indiana Criminal Code 2022

134

CRIMINAL LAWAND PROCEDURE

13-3-1. (b) The court may consider the following fac tors as mitigating circumstances or as favoring sus pending the sentence and imposing probation: (1) The crime neither caused nor threat ened serious harm to persons or property, or the person did not contemplate that it would do so. (2) The crime was the result of circum stances unlikely to recur. (3) The victim of the crime induced or facilitated the offense. (4) There are substantial grounds tending to excuse or justify the crime, though fail ing to establish a defense. (5) The person acted under strong provo cation. (6) The person has no history of delin quency or criminal activity, or the person has led a law-abiding life for a substantial period before commission of the crime. (7) The person is likely to respond affir matively to probation or short term impris onment. (8) The character and attitudes of the per son indicate that the person is unlikely to commit another crime. (9) The person has made or will make restitution to the victim of the crime for injury, damage, or loss sustained. (10) Imprisonment of the person will result in undue hardship to the person or the dependents of the person. (11) The person was convicted of a crime involving the use of force against a person who had repeatedly inflicted physical or sexual abuse upon the convicted person and evidence shows that the convicted person suffered from the effects of bat tery as a result of the past course of con duct of the individual who is the victim of the crime for which the person was con victed. (12) The person was convicted of a crime relating to a controlled substance and the person’s arrest or prosecution was facili tated in part because the person: (A) requested emergency medical assistance; or

(B) acted in concert with another per son who requested emergency med ical assistance;

for an individual who reasonably appeared to be in need of medical assistance due to the use of alcohol or a controlled substance. (c) The criteria listed in subsections (a) and (b) do not limit the matters that the court may consider in determining the sentence. (d) A court may impose any sentence that is: (A) authorized by statute; and (B) permissible under the Constitution of the State of Indiana; regardless of the presence or absence of aggra vating circumstances or mitigating circumstances. 35-38-1-7.5. Determination that person is sexually violent predator. (a) As used in this section, “sexually violent predator” means a person who suffers from a mental abnormality or personality disorder that makes the individual likely to repeatedly commit a sex offense (as defined in IC 11-8-8-5.2). The term includes a person convicted in another juris diction who is identified as a sexually violent predator under IC 11-8-8-20. The term does not include a person no longer considered a sexually violent predator under subsection (g). (b) A person who: (1) being at least eighteen (18) years of age, commits an offense described in: (A) IC 35-42-4-1;

(B) IC 35-42-4-2 (before its repeal); (C) IC 35-42-4-3 as a Class Aor Class B felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014); (F) IC 35-42-4-5(a)(3) (before that provision was redesignated by P.L. 158-2013, SECTION 441); (G) IC 35-42-4-5(b)(1) as a Class A or Class B felony (for a crime com mitted before July 1, 2014) or a Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014); (H) IC 35-42-4-5(b)(2); (D) IC 35-42-4-5(a)(1); (E) IC 35-42-4-5(a)(2);